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RE: How on earth did punishment for rape victims get into Shariah?


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Author Topic: RE: How on earth did punishment for rape victims get into Shariah?  (Read 71 times)
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« on: September 30, 2021, 04:14:29 am »
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Assalamualaikum mv team,

May I know what's the suitable punishment for rape based on Quranic guidance? Upon discussing this topic elsewhere, I was met with opposition and disagreement when I opined that rape is a crime deserving of capital punishment. The opposing party, a non Muslim, stated that the Quran does not specify punishment for rape, and suggested that prison term or some form of rehabilitation programme as a more fitting punishment, as rape victims while experiences extreme trauma in addition to physical injuries due to the abhorrent crime, do not lose their lives. This makes sense in a way, as the Quran does say an eye for and eye, a life for a life...but I still require your viewpoints on this rather distressing subject matter.

Kind regards and Allah bless.
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Heba E. Husseyn
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« Reply #1 on: September 30, 2021, 06:31:07 pm »
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Walaikum As-Salaam Wa Rahmatullahi Barakatuh.

Without a doubt the act of rape is a major crime as per the values of the Noble Quran.  But rape does not carry the death penalty unless it's rape and murder.   Even nowadays, nowhere including the West are rapists given the death penalty to distinguish rape from murder  ....  though I would personally be very happy if rapists were sent to the death row.  However the task of dispensing justice is a serious one that requires very careful analysis and perception, and Allah Almighty is the most Perfect source of justice.

Focusing on V.24:4-5 Surah An-Nur
"And those who accuse honourable women but bring not four witnesses, scourge them (with) eighty stripes and never (afterward) accept their testimony - They indeed are evil-doers -  Save those who afterward repent and make amends. (For such) lo! Allah is Forgiving, Merciful." (24:4-5)

Quoting Sister Zeynab in regard to the above Verse in post Rape victims not required to bring witnesses nor punished"By reading the above verses, one can imagine the enormity of the crime and sin a rapist commits.  When Allah denounces a person who verbally dishonors a woman with the penalty of 80 lashes with all his testimonies becoming felony in future (unless he genuinely apologizes), therefore a man who dishonors a woman physically (i.e. rape) would be a downright criminal worthy of still tougher punishment."

Also, needless to say, the Quran has made it very clear that the crime is committed by the rapist not the victim as detailed in the same post linked above and also in the post I assume you've already read titled How on earth did punishment for rape victims get into Shariah?

In the Noble Quran death penalty is only for premeditated murder, which too can be commuted if the convicted person or their family agree to pay the blood money (compensation) to the family of the deceased, provided the latter agrees to accept it.  This is similar to the present practice of final appeal or a mercy petition to the head of the state by the convicted person.  But instead of the head of the state, in the Quran the final word comes from the victim's family who have the choice to either accept the compensation and commute or overlook the death sentence or reject the compensation and go ahead with capital punishment.
 
 
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« Reply #2 on: October 09, 2021, 06:43:14 pm »
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And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law].  Qur'an Verse 17:33

Maududi tafheem explains the lines highlighted "It has not been defined how succor will be given because at the time of its revelation the Islamic State had not yet been established. After its establishment it was made clear that a guardian was not authorized to enforce retribution by murdering the criminal. The Islamic Government alone is legally authorized to take retribution; therefore, succor for justice should be demanded only from it."
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« Reply #3 on: October 09, 2021, 06:50:09 pm »
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Authority is certainly given to the family of the murdered person to make a decision which is accepted by the law, and Verse 17:33 makes that quite clear.  At the same time the family of the victim should not go beyond limits in a campaign of vengeance against the victim deciding on tyrannical practices along side a death penalty.  That goes without saying, and if that happens then the law is entitled to intervene and correct matters. 
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